1. Supreme court cases: constitution is the supreme law of the land Analyze court cases that illustrate that the US Constitution is the supreme law of the land

2. Getting the Idea  Powers of the Constitution were challenged shortly after the US won independence  Supreme Court under Chief Justice John Marshall was called upon to fulfill its duty to interpret the law  At stake were the type of power the Constitution had and the Supreme Court’s right to declare laws & court decisions unconstitutional

3. The Elastic Clause  One of the means by which the Supreme Court was able to interpret laws  Found in Article I, Section 8 of the Constitution  Give Congress the power to “make all laws which shall be necessary and proper” for carrying out the powers & purposes of the Constitution  Named the elastic clause because it can be used to stretch and expand the powers of Congress to fit different situations  Flexibility has made frequent amendments to the Constitution unnecessary  Has forced the court system to rely on open-ended interpretations of the law

4. LANDMARK SUPREME COURT CASES

5. Marbury v. Madison  Year: 1803  Issue:  William Marbury was a federal judge appointed by President Adams shortly before he left office  Marbury appealed to the court when President Jefferson’s secretary of state James Madison refused to accept his appointment  The Decision:  Constitution gave the Supreme Court power to decide the case  The Significance:  Established the principle of judicial review

6. McCulloch v. Maryland Year: 1819 Issue: – State of Maryland taxed banks that issued notes without the state’s consent The Decision: – State couldn’t tax banks because they were federal institutions The Significance: – Strengthened powers of the federal government – Upheld doctrine of “implied powers” – Affirmed the authority of federal powers over state powers

7. Gibbons v. Ogden Year: 1824 Issue: – New York had granted a monopoly on steamboat transportation to Robert Fulton & Robert Livingston – they granted a license to Aaron Ogden – Charles Gibbons did not have a license and argued that he had the right to navigate freely The Decision: – Struck down the monopoly as a violation of the rights of the federal government The Significance: – Established the federal government’s right to regulate interstate commerce – Affirmed the federal government’s regulatory power over certain actions of the state and individuals

8. Plessy v. Ferguson  Year: 1896  Issue:  Homer Plessy was an African American who sat on a white’s only section of a train and was arrested  The Decision:  Ruled that if public accommodations were equal that the races could be separated  The Significance:  Upheld segregation laws

9. Brown v. Board of Education of Topeka  Year: 1954  Issue:  African American girl not allowed to attend an all- white school  The Decision:  Overturned the “separate but equal” doctrine  The Significance:  De-segregated schools

10. Heart of Atlanta Motel, Inc. v. U.S. Year: 1964 Issue: – Motel refused to accept African American – Tested the 1964 Civil Rights Act The Decision: – Court held that eh commerce clause allowed Congress to regulate local commerce & that the Civil Rights Act was constitutional The Significance: – Upheld the Civil Rights Act & power of the federal government

11. Swann v. Charlotte-Mecklenburg Board of Education Year: 1971 Issue: – School busing being used to de-segregate schools The Decision: – Ruled that NC school districts had a duty to dismantle school segregation – Upheld the policy of forced busing of students to combat desegregation The Significance: – Extended the principles of the Brown decision & the Civil Rights Act

12. Korematsu v. United States Year: 1944 Issue: – U.S. use of internment camps for Japanese Americans during WWII The Decision: – Ruled that the U.S. government had the right to detain suspected enemies in wartime The Significance: – Upheld the federal government’s power to limit civil rights during times of war

13. Summary & Review

14. Marbury v. Madison (1803) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Plessy v. Ferguson (1892) Korematsu v. U.S. (1944) Brown v. Board of Education of Topeka (1954) Heart of Atlanta Motel, Inc. v. U.S. (1964) Swann v. Charlotte- Mecklenburg Board of Education (1971)

15. Landmark Cases Marbury v. Madison McCulloch v. Maryland Gibbons v. Ogden Cases Involving Race Plessy v. Ferguson Brown v. Board of Ed. Heart of Atlanta Motel v. U.S. Swann v. Charlotte-Mecklenburg Board of Ed. Korematsu v. U.S.